30928. Misbranding of canned tomatoes.    V. S. v. 496 Cases of Tomatoes.    Con¬
sent decree of condemnation.    Product released under bond to be re- 
labeled.     (F. & D. No. 45569.    Sample No. 82050-D.)
This product fell below the standard established by this Department because 
it was not normally colored and it was not labeled to indicate that it was 
substandard.
On October 16, 1939, the United States attorney for the Western District of 
Oklahoma, acting upon a report by the Secretary of Agriculture, filed in the 
district court a libel praying seizure and condemnation of 496 cases of canned 
tomatoes at Oklahoma City, Okla.; alleging that the article.had been shipped 
in interstate commerce on or about September 21 and 22, 1939, by Nelson 
Canning Co. from Springdale. Ark.; and charging misbranding in violation of 
the Food and Drugs Act. The article was labeled in part: "Nelson's Hand 
Packed Tomatoes."
207099?-
It was alleged to be misbranded in that it was canned food and fell below 
the standard of quality and condition promulgated by the Secretary of Agri- 
culture for such canned food since it was not normally colored, and the label 
on the cans did not bear a plain and conspicuous statement, as prescribed by 
the Secretary indicating that it fell below such standard.
On November 6, 1939, Nelson Canning Co., claimant, having admitted the 
allegations of the libel, judgment of condemnation was entered, and the product 
was ordered released under bond conditioned that it be relabeled under the 
supervision of this Department.
GROVER B. HILL, Acting Secretary of Agriculture.